Harjit Singh Bedi, J.

1. The present petition is directed against the order of the Appellate Authority dated April 23, 1980 under the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) whereby the appeal filed by the respondent-tenant against the order of his eviction passed by the Rent Controller has been allowed and the ejectment application dismissed.

2. The respondent herein was inducted into the demised premises as a tenant in the year 1962. In the year 1970, the landlord petitioners filed an application under the Act for his ejectment on the ground that the shop in dispute had become unsafe and unfit for human habitation. This application was dismissed by the Rent Controller and no further action appears to have been taken by the trial Court thereafter. The petitioner filed another application in the year 1973 seeking eviction of the respondent on the ground of non-payment of rent. This too was disposed of after the rent was tendered. The present application was, thereafter, filed praying for eviction of the tenant on the grounds of non-payment of rent, that the shop had become unsafe and unfit for human habitation and that some structural alterations ma